Section Line Easement in Oklahoma

[puffca]

I was told according to the laws of Oklahoma, there are 33' statutory easements along section lines. That is, even if "lack of deeded easement" is stated in the title, as long as a piece of property (say, a 40-acre land) is next to a section line, it is not legally "landlocked".

Is this true?
Where can I find the related law (without talking to expensive lawyers)?
I looked at the Oklahoma Statues online and wasn't able to find the related paragraphes addressing section line easements.
http://www.lsb.state.ok.us/osstatuestitle.html

Thanks!

 

[Wayne Tomlinson]

I have heard of that, but have absolutely no recollection of where or when.

Might try Wikopedia,

Wayne Tomlinson

 

[Terrel L. Shields]

Historically, public roads have been established on section lines. In the Constitution, the State accepted all reservations and lands for public highways under any grant, agreement, treaty or Act of Congress. Okla. Const. art. 16, § 2. By Act of Congress of May 7, 1890, all land two rods in width on each side of all section lines was reserved for highway purposes.

In other words, the law was established under territorial authorization under Federal law prior to statehood and the state constitution accepted such authorities when it became a state... This law predates statehood.

It is true but not true....we tried to cure a landlocked property - some 400 acres that had originally had a road into the property but when the old farmhouse was abandoned and the family moved, the owners of the adjacent property leased it and took the liberty of closing the existing road. We tried to get the county commissioner to open it up and he refused...someone told us that the landowner was a donor to the commissioner's election fund. A lawyer offered to open it via court for $5000...Eventually the property sold for about 50% of its market value had it had access. I don't know what transpired after that. The adjacent owner had offered 33% of the appraised value...and was blindsided when the property sold. I suspect they will now try to buy the property and pay about double their original offer OR the parties will go to court to quiet the easement.

atty gen opinion
http://www.oscn.net/applications/os...?id=435125&hits=4510+4509+4508+1477+1476+1475+

Go to the Oklahoma Land office.

Okla. Const., Article XVI, Section 2 is an acceptance by the State of Oklahoma of all reservations and land for highways made under the several acts of Congress reserving right-of-way for public highways along section lines in various parts of the State. See 23 of the Organic Act, Act of May 2, 1890, c. 182, 23, 26 Stat. 92 and the Osage Allotment Act of 1906, 34 Stat. Sess. I, Ch. 3572, 10, e.g. See also Oldfield v. Donelson, Okl.,565 P.2d 37 (1977); City of Blackwell v. Newkirk, 31 Okl. 304, 121 P. 260, Ann. Cas. 1913E, 441 (1912); Mills v. Glasscock, 26 Okl. 123, 110 P. 377 (1910).

http://findarticles.com/p/articles/mi_qn4182/is_/ai_n10075885

http://caselaw.lp.findlaw.com/scripts/getcase.pl?court=ok&vol=/supreme/2004/&invol=441340
http://www.oscn.net/applications/oscn/DeliverDocument.asp?CiteID=53371

 

[Terrel L. Shields]

Historically, public roads have been established on section lines. In the Constitution, the State accepted all reservations and lands for public highways under any grant, agreement, treaty or Act of Congress. Okla. Const. art. 16, § 2. By Act of Congress of May 7, 1890, all land two rods in width on each side of all section lines was reserved for highway purposes.

You can almost read that as being 33' on EACH side of the section line (a rod = 16½ feet.

 

[Restrain]

Why don't you call the Oklahoma Land Commission (405) 604-8100). It's not exactly what you're looking for, but since they administer state lands, etc, they can probably tell you where to look.

 

[PropertyEconomics]

Construction of physical access could easily exceed value depending upon several factors such as does the easement really exist and how far away from a public road is it.